Ex parte Ryan
Supreme Court of Alabama
This is an application for a mandamus to .the Circuit Court of Benton. It appears from a transcript now produced, that John Kirkpatrick’, as the assignee of John Kirkpatrick & Co.., .commenced an action against the petitioners, and indorsed on the writ, that the suit was founded on a note made by the petitioners on the 16th February, 1842, for the payment of the'-sum of three thousand and twenty dollars and fifty cents, to the assignees of the plaintiff, three years after…
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This is an application for a mandamus to .the Circuit Court of Benton. It appears from a transcript now produced, that John Kirkpatrick’, as the assignee of John Kirkpatrick & Co.., .commenced an action against the petitioners, and indorsed on the writ, that the suit was founded on a note made by the petitioners on the 16th February, 1842, for the payment of the'-sum of three thousand and twenty dollars and fifty cents, to the assignees of the plaintiff, three years after date. On this writ a declaration was filed for the cause of action indorsed ; at ■the trial the plaintiff moved 'the Court…
1Opinion of the CourtCollier, C. J.
The act of 1807, after providing for amendments where there is any thing in the record by which to amend, invests the Court in which the cause may be pending, with authority “ at any time to permit either of the parties to amend any defect in the process or pleadings, upon such conditions as the said Courts, respectively, shall in their discretion, and by their rules prescribe.” [Clay’s Dig. 321, § 50.] This provision, if it is to be.interpreted, even according to its letter, authorizes amendments to be made in the writ, declaration, or subsequent pleadings; and instead of being restricted…
2Cases cited1 opinion
- Sexton v. RoneSupreme Court of Alabama · 1845
3Cited by2 opinions
- Turner v. RoundtreeSupreme Court of Alabama · 1857
- Hazard v. JordanSupreme Court of Alabama · 1847